• Breaking News

    Monday, February 4, 2019

    Legal Advice AMA - Fines & Fees Justice Center on 2/13 @ 2pm ET/11am PT

    Legal Advice AMA - Fines & Fees Justice Center on 2/13 @ 2pm ET/11am PT


    AMA - Fines & Fees Justice Center on 2/13 @ 2pm ET/11am PT

    Posted: 04 Feb 2019 08:16 AM PST

    The Fines and Fees Justice Center will be doing an AMA on r/legaladvice on 2/13 @ 2pm ET/11am PT. Feel free to ask questions any time between now and that time, and they'll answer them on 2/13.

    About the Fines and Fees Justice Center

    The Fines & Fees Justice Center (FFJC) seeks to catalyze a movement to eliminate the fines and fees that distort justice. As a national center for advocacy, information, and collaboration, FFJC's goal is to eliminate fees in the justice system and to ensure that fines are equitably imposed and enforced. FFJC works collaboratively with affected communities and justice system stakeholders to end abusive collection practices and eliminate the justice tax.

    To accomplish our mission, FFJC is pursuing a three-pronged approach:

    1. Developing a replicable advocacy model for comprehensive state-based reform,
    2. Creating a national Clearinghouse to provide information about reform efforts in all 50 states, and
    3. Providing support for reform efforts around the country.

    FFJC's state-based advocacy is piloting replicable reform strategies to bring about comprehensive change. Starting in New York and Florida, FFJC is working with community partners and justice system stakeholders to pursue court, legislative, and policy changes. In addition, FFJC advises other jurisdictions, individuals, and organizations interested in pursuing reform, directing them to resources, partners and practices that can strengthen their work.

    Our AMA participants will begin answering questions at 2pm EST, and the participants will be Lisa Foster (Co-Director), Joanna Weiss (Co-Director), and Jonathan Ben-Menachem (Policy and Communications Associate).

    Lisa Foster:

    Lisa Foster is a retired judge and the former Director of the Office for Access to Justice at the United States Department of Justice. As a California Superior Court Judge in San Diego, where she served for ten years, Lisa presided over criminal, family and civil cases and served as the Presiding Judge of the Court's appellate division. Lisa retired from the bench and joined the Justice Department in 2015 where she led the Department's efforts to address fines and fees. With Vanita Gupta, then head of the Civil Rights Division, Lisa wrote a ten-page "Dear Colleague" to every Chief Justice and state court administrator, addressing the legal framework that governs the enforcement of fines and fees and warning that many collection practices may violate the federal Constitution and/or statutes. She and former Assistant Attorney General Karol Mason co-authored an Advisory to juvenile courts throughout the country on the civil rights implications of imposing fines and fees in juvenile justice proceedings. Lisa received a B.A. in American Studies from Stanford University and a J.D., magna cum laude, from Harvard Law School.

    Joanna Weiss:

    Joanna Weiss was the Director of Criminal Justice at the Laura and John Arnold Foundation. Joanna created and managed the Foundation's fines and fees portfolio, garnering millions of dollars of support for 20 research, litigation and technical assistance projects to address the negative impacts of fines and fees in the justice system. She helped develop projects to measure the scope and impacts of both adult and juvenile fines and fees across the country, the fiscal impacts of various practices for collecting fines and fees and to study the use of alternative practices including means-adjusted fines and community service. Joanna also worked with litigators to expand their efforts to pursue broader statewide reform strategies and to create a community of practice where litigation strategies, successes and failures could be shared. Joanna also helped develop the program at Harvard Law School's Criminal Justice Policy Program to pilot fines and fees reforms in five states. Joanna holds a J.D. from the George Washington University Law School, an M.A. from the George Washington University Elliott School of International Affairs, and a B.A. in political science from Bryn Mawr College.

    Jonathan Ben-Menachem:

    Jonathan Ben-Menachem is a Policy and Communications Associate at the Fines and Fees Justice Center. In order to maintain a user-friendly Clearinghouse for activists, legislators, and other justice system stakeholders, he curates and analyzes research, litigation, pilot projects, legislative reforms, and media related to fines and fees in the justice system. He also assists the Co-Directors with research related to fines and fees in select states and manages FFJC's public-facing communications.

    For those who wish to support FFJC, you can donate, sign up for the FFJC newsletter, or follow FFJC on Twitter and Facebook.

    submitted by /u/bug-hunter
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    Company refusing to allow me to take personally owned tools home.

    Posted: 04 Feb 2019 07:36 AM PST

    I am from Illinois USA.

    I am the only person in our company who provides their own tools. I do not get any special payment or bonus for using them. I just prefer to use my own tools.

    I recently decided i would like to take my tool box home and use company provided tools like the rest of the company. I am being told I am not allowed to take any of my tools home without receipts. A good portion if my tools are bought at flee markets and the like where you dont get receipts.

    I went through the employee handbook and it does not mention anything pertaining to tools.

    Can they hold my tools like this until I provide proof?

    submitted by /u/nerdallica
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    (NYC) I am being harassed by the orthodox Jewish "police" in my home. This has been going on for almost 2 years since I moved in. I am at my wits end, what can I do to stop it?

    Posted: 03 Feb 2019 06:22 PM PST

    *Edit: since i am geting this a lot, to clarify: my building has cameras. the police have seen the footage. the police have responded to them harassing me and are fully aware of what is going on. it hasn't helped. most of the time (today included) i have to call the nypd in order to get them to move and stop preventing my guests from coming in the building or to stop harassing me in that moment. they come, tell them to stop, then leave and they just do it again. today the nypd came to my home SEVEN times. and this is common. *

    I live in Brooklyn NY. I purchased a condo about 2 years ago in a building where a good chunk of the apartments are rented out by Orthodox families. i would say that 45% of the building is occupied by Orthodox families renting and the rest are condos owned + occupied by non orthodox people. I honestly did not care and did not think this would be a problem.

    Since i moved in though, this has been a HUGE issue. I don't want to go into to much detail since it would just lead to a rant but the families in by building do not like/agree with my "lifestyle" and have been trying to make me uncomfortable enough to force me to move out. I honestly don't give two shits about their opinions and typically try my best to ignore them. The issue is that they have been using the Jewish police to harass me. To give you an idea of the shit I am dealing with I'll tell you what prompted this post. I chose to have a Superbowl viewing party today. About 30 minutes into the start of the party (when there were FIVE people here) I get a knock at my door and standing there are two fake police who try to tell me they got a 'noise complaint' and a complaint that we are using 'illicit substances' that i have to end my party. We were in my yard at this point literately just talking and smoking (cigs). My condo is on the ground floor and people who live above me can see directly into the yard so i am assuming they are who claimed the cigs were drugs. Since then, they have been standing outside of my building trying to prevent people I INVITED from entering and have been harassing my guess, treating to ticket them and demanding to search them. I don't want to make this post too long but this is the smallest of the shit that I have had to deal with from these fake police over the last two years.

    I am fucking done. I want this to stop. I have tried everything i can think of and dont know what else to do. I have tried calling the NYPD every time they show up. This has not worked. I have complained to my condo association. No help. I have contacted my elected officials, filed complaints with the city AND state, contacted the fair housing justice center to file a discrimination complaint, and NOTHING has worked. I keep being told that what they are doing is not illegal and that they have permission to impersonate (my word) the police and attempt to enforce (their version) of the law.

    at one point, i was gone for a week and my boyfriend was harassed for 'trespassing' for going into the home THAT I OWN WITH MY PERMISSION.

    Im sorry that this is such a long run on rant. I am just so fed up with this bullshit. I am being discriminated against and harrassed by fake police who are trying to bully me into moving out of a HOME I OWN on behalf of a bunch of people who dont even pay market rent to live in my building because they cant stand to live with a gay person and everyone is telling me this is legal.

    am i crazy here? how is this allowed? what can i do to stop it?

    submitted by /u/skjldsjdls
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    Roommate is not allowing me to have my underage girlfriend come over without providing her ID and mine first.

    Posted: 04 Feb 2019 06:18 AM PST

    [CA] Basically got a paper on my door that if she is here or wants to come over that she needs to show her ID and provide all her information then I also have to provide my information and ID as well if not then my roommate will call the police. I am on the lease is this legal? We have a house, my girlfriend only comes over to hang out in my room, watch movies, do work on my desktop. We've been together for three years and we're only a year apart. She's been over to my countless times it's nothing new to the house we live in.

    submitted by /u/123456789mo
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    Update damage to the driveway from newspaper carrier

    Posted: 04 Feb 2019 11:06 AM PST

    A while back I posted about the newspaper person walking up my newly poured concrete driveway 9 hoursAfter it was poured, leaving footprints up and down it, and looking for advice. I talked about taking the newspaper to small claims court. I ended up doing that and They promptly said no it's on the paper carriers insurance. My carrier works for a guy that has 10 or 15 routes that he manages and he has insurance for situations just like this.

    I canceled the claim with the court, filed a claim with their insurance company (AIG) sent in photos and commentary as to what happened...

    And they're sending me a check for the $5000 claim that I filed! To my total surprise and delight! Will allow me to redo the half of the drive she damaged, Very gratifying!

    submitted by /u/Bigsteve3357
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    Neighbor drilled a rack into my siding

    Posted: 04 Feb 2019 07:00 AM PST

    My next door neighbor to my townhouse (a rental property) drilled a rack (that is holding shovels, brooms, etc.) into my aluminum siding on the wall facing them. I contacted HOA who notified neighbor who is refusing to remove the rack.
    Even when they finally do remove the rack, my siding will have holes in it.

    What should I do?

    Tom

    submitted by /u/Tm587190
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    One of my customers keeps doing fraudulent chargebacks, what can I do?

    Posted: 04 Feb 2019 08:07 AM PST

    I have been dealing with a customer that comes in, makes regular purchases of the same items (cat food) and several months later I'll get a notification of a chargeback initiated by this customer saying that the goods were "defective/not as described". This is a brick and mortar retail store with no online shopping.

    The first chargeback I was notified of was last November. We sent our dispute in (shopping history saved by a club card, her receipt, and her signature on the credit card slip). We were basically told that in this situation it's basically the customers word against ours. So she essentially won that one and we lost $70. Since we have the club card of this customer, we put a note on it to call management to the register so we can ask her what the chargeback was all about. I was fortunate enough to get to speak to her....and she basically looked at me like I had two heads. Calmly saying she doesn't know and nothing else.

    Fast forward a year...now we have two more chargebacks which trace back to the same customer. Now I'm disputing both and both still claim the same exact "defective/not as described" for reason for initiating the chargeback. I have provided the merchant services in-depth records of her purchasing history (always the same items) and the dates she shops at the store. She is a regular customer , two times per month and the DVR shows it's the same customer each time tendering this credit card.

    Now to me, this customer is committing fraud and getting away with it. I can't think of this just being a mistake or her being unaware of it happening. She came in yesterday to make another purchase but we declined to allow her to use her credit card. She left angry and said she'll be calling to complain some more. Now with both of these chargebacks open and undecided it does seem like merchant services is very disinterested in hearing what we have to say about this and have actually stated people do this as a type of fraud.

    If we lose these disputes and now have her basically getting $300 worth of merchandise for free, is there any action I can take against her? I don't want her to come back in the store and don't care about losing her as a customer. She could just come back in whenever and just not use a club card so we can't prevent her from using credit cards here.

    TLDR; Customer keeps doing chargebacks getting her money back. What action can I take against her, if any?

    submitted by /u/PM_ME_UR_CONURES
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    Dealership claiming my car was filled up with Diesel instead of Gasoline, voided my warranty and asking me pay $1500 in damages.

    Posted: 04 Feb 2019 09:30 AM PST

    Hey so here's the full story, and thanks in advance for all those that read and helped.

    I live in NY and had just leased a brand new dodge Durango. I was in NJ last weekend (as you all know NJ is the only state that doesn't allow drivers to fill up their own gasoline, an attendant must do it) and went into a gas station to fill up (i have the receipt) and drove away. I had used the car for that drive from NJ to NY and for a couple days following. Parked my car outside my house in NYC on the night where the polar vortex was to take place. Outside temp real feel were about -20 a the time. the next morning my car wouldn't start, my personal thoughts was that the anti-freeze actually froze and that's what i went with, however the next day when it was sightly warmer (6 degrees) the car wouldn't start either, i called for a tow truck to tow the car to the local Dodge/Jeep dealership to diagnose the issue.

    Diagnosis came in today claiming that my gasoline tank was filled with Diesel fuel and saying that doing this has voided my warranty (on a car that isn't even 1 month old). I had contacted the Gas Station that i filled up at, and they don't even offer Diesel Fuel, and this was the last time i had filled up the car. Right now im in line to pony up $1500 that i don't have, for a possible scam. If i were to go through my insurance company to fix the issue, im risking my insurance rates to surely rise, so id rather avoid that route.

    Can anyone provide help or advise on what i should do?

    submitted by /u/KilroyWasHere1
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    I received a summons to court while I was at bootcamp.. my parents pled no contest on my behalf. What are my options?

    Posted: 04 Feb 2019 11:00 AM PST

    Background: months before I left for boot, I was charged with operating a motorcycle without license or endorsement (Title 29-A §1252). I appeared in court at the correct time and date, only to be told my case wasn't on the docket. The clerk told me that most likely the officer never filed the charge. I went to several offices in search for paperwork saying that I was all set, knowing better than to take one persons word for it. I visited the DA's office, the police station in the town that I was issued the summons, and the sheriffs department, all unable to produce any paperwork on the case. My recruiter submitted an official form requesting all documents relating to my criminal history, only to come up with a clean slate.

    The circumstances were sketchy. The officer approached me while I was in a gas station parking lot, off the bike, and never witnessed the bike even turned on. The officer requested my ID, and because I was very tired and not thinking straight, I quickly handed it over. For the rest of the interaction I kept quiet. I answered minimal questions and I most certainly didn't admit to operating the motorcycle. To my surprise, he came back with my ID and a summons. The officer seemed inexperienced, because he couldn't justify his reason for writing the summons other than "how'd you get the bike here?". He demanded that I get the bike towed home, telling me that I was on private property and wasn't able to park it there. I walked into the gas station, asked the lady inside if it was ok for me to park my motorcycle there for a day until I could get it another time, and she said it was fine.

    It was my thought that the officer realized after the fact that he didn't have sufficient evidence, and didn't file the summons with the DA's office, but I can't know for sure.

    Fast forward a few months later, I am at bootcamp and unable to contact my family. My parents received a summons for arraignment in the mail, requesting my appearance in court during the time I was in training, unable to be contacted other than through mail. What was weird about it is that the summons was for a different charge. The paperwork read "Operating beyond license restriction" (Title 29-A M.R.S.A. §1251). My parents, not wanting to disrupt my training, contacted my recruiters, only to be told there was not much they could do. The commander of the recruiting office wrote a letter on my behalf, requesting that the court date be changed under the service member civil relief act. The letter was mailed to the court, only to be ignored. My parents contacted a lawyer, who told them options were limited.

    My parents made the decision to plead no contest on my behalf, paying a small fine. Upon graduation and my return on boot leave, they made me aware of the situation and the outcome. As grateful as I am that they took care of the situation and didn't ignore it, resulting in a failure to appear and more issues, I am frustrated that I now have a criminal record over something that seemed easy to beat in court. (obviously just a low class misdemeanor).

    My question is: Do I have any options to bring this charge back and fight it? According to the courts I pled no contest, but I don't want to throw my parents under the bus and get them in trouble either. Are there any military resources that I could utilize?

    Summonsed in Maine. Not currently at a permanent duty station

    submitted by /u/kempsam4
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    Is it illegal to release screenshots of an altercation on Facebook between a teacher and student, after the teacher deleted their comments?

    Posted: 04 Feb 2019 09:16 AM PST

    Hi I'm from the UK and I have recently been disciplined by my own school as a result of me voicing my opinion, backed by statistics, against a different, failing school, on social media.

    The school in question, let's just say school 'y', posted on Facebook statistics which showed it to be in the "top 0.5% in the country for 'progress' in a levels" . Now let me just say, this school is BAD, my sister taught there for 2 years and told me of numerous horrible incidents where teachers neglected students, knowing full well that they would fail their exams in the end. Anyway, I decided to do some research into the validity of these statistics that they posted.

    It turns out that, even though they are in the top 0.5% of the country for a level progress, a large percentage of students still fail their exams. ALSO, they are ranked in the BOTTOM 10% of the country for progress in the other 2/3rds of the school (years 7 to 11).

    I posted these facts as a comment underneath the original post.

    The head of their sixth form replied to me saying there's 'no need to denigrate this achievement', to which I replied that I was simply stating facts to ensure that the post wasn't misleading (which it was completely).

    To which he replied 'I'm more than happy to discuss this further with your school', a clear threat. He also said 'I'm always happy for dialogue', putting a show on for parents reading his reply.

    It turns out that several parents of students which attend school y had contacted him asking him if my claims were true - which they were.

    As I have made both him and school y look bad he decided to look through my profile and find which school I attend (bare in mind that this is on a Friday night) and write a letter to my own head of sixth form complaining about my disrespect and slander - of which he sent 'at 8am on a Sunday morning' as my head of sixth form angrily told me.

    So I was called into a meeting, might as-well have been an ambush, with two high ranking teachers of my school who had large A4 screenshots of my comments on their desk, disciplining me for my actions. A frequent remark was of how 'unremorseful' I was being, refusing to accept that I was 'out of order' as they put it.

    So they demanded that I write a letter of apology to this man, saying how sorry I am for my actions. I agreed just so I could get out of that god awful meeting but I feel like corrupt teachers like himself will win if I apologise.

    ALSO: he deleted his own comments from the Facebook post but luckily I screenshot them previously!

    So...Do I write this letter or not and is it illegal to release screenshots of this altercation?

    submitted by /u/cjseery
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    CA - landlord/roommate "stole" PS4

    Posted: 04 Feb 2019 05:23 AM PST

    My landlord and I had an agreement that I would give her my PS4 for $100 off the rent next month. She does have a text that I'd give it for free. The agreement was verbal. I already had reduced rent because I watch her son. Instead of $650 a month, I was paying $300. However, I was watching him every weekday for 10 hours a day - no pay. I started having seizures again, so she said I wasn't fit to watch her son. He's 9. He;s old enough to be home alone, but he and I came up with a plan if I ever had a seizure in front of him. She kicked me out with only 2 hours to pack. She thinks that having seizures means I am mentally unstable. No 30 days notice or deposit returned- nothing. I asked for my Ps4 back, trying to be respectful, because we can't go into others' rooms without permission, so she had the other roommate go in (she was at work) and lock my ps4 in the other room. I figured that the deal was off, though since I wouldn't even be there next month. She charged my credit card from the ps4 several times, so I had to cancel my card and I did get the charges dropped. This woman is committing crazy amounts of fraud out of her own house! She has a very high turnover rate, too. She even forged legal documents to have one of our roommates kicked out. I would like to get my Ps4 back because I'm getting all these emails of whatever she's doing on my account. I'm worried that my gmail will get compromised, and that has all my passwords, my Androids, and whatnot saved to it. Sony (the people who made the ps4) has terrible customer service. She was able to just call them and get all my info to be able to get into my account, which was previously deleted off the ps4.

    The police said as long as i can provide proof of ownership, they'll escort me in the house, as long as she's home (and she works crazy hours), to retrieve my PS4. I have a receipt that GameStop's corporate office sent me because she stole my original, and I want to go and do this (she lives 2 hours away), but with the fraud and physical threats she's made, I worry that she will lie to the officer escorting me and have me arrested (she likes to talk about child endangerment a lot- like with my seizures and the past roommate's behavior). She always said I was really great with her son, so this seems out of nowhere. The physical threats she gave was when the other roommate was refusing to leave. She told me that she would have to make a few calls to her old friends, we'd all leave the house with the roommate there, we'll show up and he'd be gone. She used to be a big time meth dealer, but apparently she got all her charges off her record through people she knew. She said if you do a certain kind of background check, those charges are still there. What background check would that be so I could tell the police? Is that possible that she could have me arrested? What other ways could I get back my ps4? I'm pretty poor, but should I just wait 4 or 5 months until I have the money for another?

    submitted by /u/Mana_Strudel
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    A Restraining Order Put on Me cause I'm gay.

    Posted: 04 Feb 2019 12:05 PM PST

    Hello! My name is Andrew, a transgender and gay male. I live in Nevada, USA.

    There's a TLDR at the bottom if it's too long. I just need some advice.

    One day my friend, Cameron, was over and we were just messing and playing around. It was about 30 minutes when he had to go home(even though he was gonna stay about 5 hours) and we found this weird. Soon as he got home I was told I am NEVER to talk to him again. My mother got a text with a photo of my texts of me and him talking about how we are both gay males.

    She wanted me to NEVER talk to Cameron again. This hurt me in such way I don't know how to describe.

    Even with her saying don't talk to him, we still did through discord. Sometimes I would silence myself or mute myself but other times we would just talk normally. We were both fearful of being caught, since we wouldn't know what would happen.

    We got caught yesterday night or today morning, who knows. My mother gets another text. Cameron's mom is now threatening legal action for this. I have not harrassed him in anyway, I have never stalked him nor does she have proof that I have stalked him/harrass him.

    We are both minors. Cameron doesn't want this restraining order, and neither do I.

    TLDR: This mother wants to take legal action cause I am gay and talking to her son. Here are some important facts:

    I live in Nevada USA.

    We are both minors(teens)

    Neither of us want this restraining order.

    I talk to him online, though I know him IRL.

    She has no proof of me harassing or stalking him.

    submitted by /u/TransDrew
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    Employer only paid me $2,000 of a $12,000 agreement. Now wants me to fill out W9 for 2018 - Nebraska

    Posted: 04 Feb 2019 05:33 AM PST

    I was hired in mid- January 2018 as a web developer. I was in a program with the Nebraska Workforce Development called the Connect Grant. If employers hired someone in the program, the State of Nebraska would reimburse the employer up to 90% of the wages.

    When I was hired, the employer and I agreed to a sum of $4,000 per month for 3-months, This agreement was typed in an email from the company and sent to me, but no formal contract was sent or signed.

    From January 2018 to April 2018, this employer only paid me $2,000 of the $12,000 we agreed to over those three months.

    When I confronted my employer about when I would get paid, he said that the paperwork with the state is taking a long time, and he'll get back to me.

    I was a self-taught web developer and this was my first job in the industry. I was desperate to get real work experience on my résumé, so that's why I kept working for this company despite not getting paid.

    It turns out that this employer didn't even submit the paper work to the State of Nebraska. When my employer finally filled out the paperwork, the Connect Grant ended just two weeks later because they ran out of funding.

    The company then said that they didn't have any money in the budget since the Connect Grant was over.

    In April of that year, the place I was renting got sold and me being on month-to-month, I couldn't find a place to live because I didn't have proof of income.

    I ended up homeless and moving into my car. It was hot and humid, and I was getting terrible sleep and my first focus was trying to get a job somewhere.

    I moved in my car to Denver, CO where the weather was better, and I was homeless from May until I found a job in September in Colorado.

    That employer emailed me telling me he wants me to fill out a W9 on the $2,000 they did pay me.

    I just so happen to have accepted a new job back in that city where I feel I can pursue this backpay more easily, and I want to know what my options are to recover this $10,000 I believe that employer owes me.

    Things I have:

    • records of the hours I worked in my own notebook
    • emails back and forth about projects I was working on for this employer
    • a roommate that can attest that I was working for them
    • the email stating that I would be paid $4,000 per month for those first three months
    • the emails stating that they want to bring me onboard following the 3-month trial period.

    What are my options here?

    submitted by /u/UIhomelessAPIGuy
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    We, the tenants, are being held liable for damage done to carpet from a laundry machine malfunction. We were not the ones that installed the machine.

    Posted: 04 Feb 2019 08:31 AM PST

    A few others and I moved into a house in November of last year. When we moved in, the laundry machine was already installed and good to use (probably used as well by the previous tenants before us), and we have been using it without an issue until about a few days ago.

    I went to use the washing machine, and apparently the exhaust hose had not been connected properly, so it came off and water poured out everywhere. It got to a large area of carpet right outside the laundry room and it was a LOT of water. It seeped pretty deep inside the carpet to the point where it was leaking through the light fixtures on the ceiling downstairs. It's been days since the accident and the carpet is still wet and we are going to have to get it replaced.

    Someone came to assess the damage yesterday and fixed the washing machine for us. He also told us he will return to get the carpet replaced.

    However, this morning, our landlord emailed us telling us that we will be the ones covering the damage. We are all seriously annoyed that he seems to be blaming us for this happening. We weren't the ones that installed the damn thing! It was already there for us before we moved in and we were under the assumption that it had been installed properly! And it had been working fine up until a few days ago! WTF! Can we really be held liable for this? It's not like we were abusing the machine or anything, we were just using it as intended: TO WASH CLOTHES!

    Any advice would be appreciated!

    Location is California!

    submitted by /u/blessedbyye
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    [NY] My recently deceased father accidentally put me [23F] as his life insurance beneficiary on one line of one form instead of my mother, his wife [55F] who is listed everywhere else on all other forms as beneficiary, insurance company is insisting that I am legally the beneficiary

    Posted: 04 Feb 2019 10:48 AM PST

    Hello, this is a bit of a mess. My mother and I both have names that start with the same letter, and my father had a medical condition that made him struggle with remembering the right names and words that was exacerbated by him having gone through MANY surgeries for which he was under general anesthesia throughout his life (note, not what killed him, he died in a freak accident).

    In 2007, he filled out a form trying to take out a life insurance policy on my mother. Because he was the one filling it out, it required him to list his own policy number and his beneficiary — in that one spot, he accidentally wrote my name instead of my mother's. When we called to figure out the life insurance in the days after his death, the insurance company claimed that because of that one line, I am the beneficiary instead of my mother. This was the first instance we'd heard anything regarding this form or my being the beneficiary.

    A few things:

    1. We are 100% certain that this was an accident
    2. My mother is listed in all other places as his beneficiary
    3. He never filled out a change of beneficiary form
    4. We were never notified of any change to the beneficiary

    Is this legal? Is there any way for us to change the beneficiary post-mortem or to fight their claim that I am the legal beneficiary? What options do we have for ensuring my mother's access to the money from the policy that are not illegal or fraudulent?

    submitted by /u/modernvintage
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    Need Some Help. Not sure where to go. Confused. Illegal Eviction from landlord.

    Posted: 04 Feb 2019 07:33 AM PST

    Hello all. Any bits of information would be great.

    Currently was on a month to month lease with a land lord. Land lord would constantly ask us to pay early (Sometimes 2 weeks early) Us wanting to be good tenants and not cause trouble, we did whenever we could. Land lord never fixed anything, we stopped asking and just fixed things ourselves. Trying to be good tenants and not a hassle.

    Found a better place. Time to move. Sent LandLord February payment and 30 day notice January 25th. Letter sent certified mail. Payment in form of Money Order with tracking. (He always wanted money orders, not checks) Letter stated thank you for renting to us, however we have decided to move on yada yada. Enclosed is the February Payment, and please consider this letter a notice of 30 days, last day effective feb 28th kinda deal.

    Feb 1st rolls around. Move into new place. (we had been packing for awhile!) Get phone call from landlord. Girlfriend answers. States "Sorry to see you go. You guys were good tenants. We will have to schedule a time for a final walk through." She agrees. Hangs up.

    Feb 2nd. Day 2 of moving stuff. Land lord shows up. Says he wants to do his walkthrough now. I stated this probably isnt the greatest time to do so, as we have stuff evverrrywhere from packing. He demands to come in and walk. Ok Whatever. He comes in and says "When do you expect to be gone?" and we stated "Well, we have payed through february" He claims we havent. We reminded him it was sent via certified mail, and we have tracking on the money order. He plays dumb and says he never got anything. At this point im pissed, and i ask him to please leave. He looks at me and says "I own this place" and i said "If you do not leave now, Im going to have to call the police" He leaves.

    We spend the rest of the day packing. We get 90% of our stuff gone. I work 2 jobs 7 days a week. And I couldnt get off my night job. So we stop around 4pm. And I leave for work. Girlfriend leaves and goes to new home. On my way home from work (around midnight) I call her and say "Ya know, i dont feel like packing tomorrow, im just gonna get the rest of the stuff tonite". I swing by. Locks changed. No access. Some of our possesions are still inside.

    I call the gf, she comes out. We call the police. They have no record of an eviction and tell me this is an illegal practice known as self help eviction, and we should sue. Nothing criminal so they cant do anything to him. Understandable. We no longer wish to speak to this land lord. My girlfriend (who is the lease holder) is now scared to be around him.

    My worry. he takes us to court for the "missing payment" and then keeps our security deposit (and asks for more) Since he now has to "clean up" the inside as we still have stuff inside.

    The stuff inside is non valuable. I had plan on renting a dumpster to throw away alot of it. Old furniture we didnt want anymore as the new home is furnished.

    DO i need to call a lawyer and sue him now? Or do i wait to see what his move is. I really do not have the money to hire a lawyer. We just want out. So i really dont wanna go to court. Yah what he did was illegal, but id rather just file a complain against him with the housing authority or something vs taking him to court. The items left in the dwelling hold no value to us. Im just so confused and feel violated. Girlfriend is an emotional wreck.

    Edit: Location - Maryland (not baltimore)

    EDIT: My other worry is, we did not get a police report. The Office was called out, and used body cam. He told me this was how reports were done now, and reports are no longer given out due to everything being recorded. Not sure how much i trust that statement.

    submitted by /u/JohnnyNintendo
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    Teenage Brother Has Been Molesting Child Sister for Years, Parents Unwilling to Take Action, How to Proceed?

    Posted: 03 Feb 2019 09:12 PM PST

    It came to light a few months ago that my (18) little brother (16) has been molesting my younger sister (10) for some time (years). When it first came to light, everyone was understandably disgusted and furious. He was punished severely at the moment (corporal punishment) as parents tried to wrap their heads around what to do.

    Fast forward to a few months later, everyone acts as though it never happened. No punishment is in effect, it's essentially a family secret. Sister is still kept in the same housing as brother. When asked if he could be brought to the police, my parents said they wouldn't because "their household would be put under investigation and all the kids (5 of us, excluding me as I am a legal adult) would be sent to foster care."

    As I'm still sick to my stomach and furious at what my brother has done, and scared for the safety of my sister, what can I do? My sister is too young to understand the gravity of what's happened and my parents are downplaying the scale of how she was assaulted to her.

    Is what my parents said true? If I report him to the police, how will it play out for the rest of my family in regards to custody and the like? Is there a better way to go about this than reporting him? This is in Virginia.

    Thank you for your help.

    submitted by /u/throwaway1837471818
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    (TX) Someone tried to use my credit/debit card last night

    Posted: 04 Feb 2019 04:41 AM PST

    A little back story: I live in Texas but received a text alert saying that some tried using my credit card to order about $100 worth of stuff from Domino's. I declined it and shortly after received another text saying they were trying to use my debit card. Called my bank and told them it wasn't me. They told me one charge went through but they would refund it after it went from pending to an actual transaction and that they cancelled the cards.

    This morning, I'm going through my emails and see that I have an email from Domino's. I guess the person logged into my account somehow and placed the order using my profile. They got the food delivered and I now have their address and phone number that they used for the order.

    Is there anything I can do with this information?

    submitted by /u/bigfrogiant95
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    Dr.'s wife used confidential information to apply for a loan in my name.

    Posted: 04 Feb 2019 10:28 AM PST

    I was seeing a psychologist, whose wife is a real estate agent. I found out from another one of his patients that my credit score had been pulled. This other patient was my manipulative ex-boyfriend who was attempting to help me get a house in order to prevent me rooming with a male friend. Once he informed me that my credit score was on the low end, I pulled my credit report. Not only had she accessed my confidential files, but she applied for a loan in my name. I have the ex-boyfriend admitting that "yes" she pulled my credit, on a recorded call. I also have the loan denial on my credit report. As well as the ex admitting that the psychologist shared information regarding my care with him. I never gave the psychologist or his wife my permission to access my credit report, nor would I. Thankfully the loan was denied! What are my options? *Bedford, VA

    Edit: my ex has/had ZERO access to my social security number, we never lived together. He definitely orchestrated it, but didn't do the actual credit pull.

    submitted by /u/harleyquite
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    Large Instagram artist scamming multiple people out of potentially thousands of dollars, what can I do about it?

    Posted: 04 Feb 2019 10:58 AM PST

    I purchased an clothing item from an Instagram artist back in April 2017. It was $150 and I still haven't received it. I was in contact with her customer support team after a month I had placed my order and they assured me I would receive it and told me handmade items take longer. It has been over a year since and I still haven't gotten my item. Customer service has stopped responding to me. I sent her two direct messages on Instagram and she hasn't replied, but she has seen them because there is a "seen" message. I sent her another email via her customer support outlining the complete timeline of events and threatening potential legal action with no response. I'm not entirely sure if I can issue a chargeback because it happened so long ago and I've also since switched banks/credit cards.

    I have since found out that there are several people who haven't received orders and whose emails have been ignored. By combing through her Instagram comments, it seems like a potentially major issue. These comments receive many likes and responses from people also asserting they never got their items even afters several months. These are the vocal people.

    I'd like to know what my options are legally. I was considering taking her to small claims court for the $150 but it looks like she's actually based out of Canada and I'm not sure if that means I have to go through Canadian courts. I also don't know if I can potentially do some sort of a smaller class action lawsuit type of thing after reaching out to people who have also never gotten their products from her. Am I allowed to represent other people? Right now my focus is on assessing an estimate on what the gross damages are by reaching out to folks who have commented about not getting their items. I have a feeling it'll be in the low thousands. I'm planning on asking them to send me their receipts and any correspondence they've had with her.

    I might contact the Federal Trade Commission or Better Business Bureau about this as well and I found a similar post on this sub, and it seems like I can also contact the Canadian Anti-Fraud Centre. Will any of these places look at the evidence I collect or the case I build against her with multiple people?

    I don't want her to keep getting away with this. It seems like there are a bunch of small orders people have placed and individually it isn't enough to want to pursue legal action, but put together, it seems like it could be a potentially bigger scam. It's not necessarily even about the money, it's just about the principle of being held accountable for this. So what should I do Reddit?

    Also, though the nature of this post is about Instagram, it is agains the rules of this sub to suggest posting to social media in any context, so please make sure not to say anything in that nature. Looking for purely legal advice for what happens to be an issue involving an artist popularized by a social media platform.

    TL;DR: bought an item from an Instagram artist and haven't received it since 2017, realized many people haven't gotten their items either, wondering if I can do something for everyone to get our money back or penalize the artist

    submitted by /u/itsalegalboy
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    IA- Phone repair shop damaged my phone hardware and their “warranty” on the receipt basically says they’re not responsible for it. Is there anything I can do? There was no mention of this before I paid on any paperwork I signed.

    Posted: 04 Feb 2019 07:50 AM PST

    I decided to make a post because this sounds so shifty, but it wouldn't be the first time I was surprised by dishonest (but legal) business practice.

    I took my phone into a third party screen repair shop to get my shattered phone fixed. They said they could fix it in a couple hours for $140 so I agreed. When they were taking in my device and I was paying, I asked about a warranty and if I needed to pay extra for one (because I was willing to). They said "there's already a warranty" and said I was good, so I signed everything and left. Went back and got my phone, and immediately my phone screen was not responsive to my touch and was acting erratically and doing things all on its own. I couldn't text or call without my phone opening up another menu or ending my call for me. My phone has never acted that way in the years I had it, before I took it to them. Then, the glass they replaced broke (underneath the protective glass cover I bought!) when I causally leaned on it with my forearm. I didn't expect them to fix my mechanical issues without me paying for another screen replacement, but I did expect them to fix what they broke inside my hardware. I found the receipt and as I was reading I saw "warranty information" at the very bottom and it said:

    "Customer agrees NOT to hold [business name], it's employees and agents, responsible for the failure of any hardware or software associated with customers devices, including any failure or damage that occurs while attempting repair and data loss". It goes on to say that the particular model of my phone has an issue that occurs when repairs are made (the touch issue). No one mentioned this to me when I was dropping my phone off, no signage, not in any other paperwork I signed. I wouldn't have seen this any other way until after I got my receipt back, and it has a small place for me to sign at the bottom (never signed it or another copy of the receipt). I don't understand how this is a "warranty" or how they aren't liable for damages they cause to my device.

    I'll never go to another 3rd party place again, I wouldn't have used them in the first place but I wasn't paying $200+ to fix an old phone from the manufacturer. My question is whether it's actually legal for them to just absolve themselves of all responsibilities for the damage their techs cause to their customers property, not mention the lack of liability it on anything but the final sale receipt and just essentially tell you you're SOL when your phone is rendered unusable after they have "repaired" it. Also, does this apply if I never actually signed the "warranty"? I figure it probably is legal in some way, but I've run into a few local companies here with blatantly illegal practices so I figured I'd double check.

    submitted by /u/Meeseeksyourtits
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    Is it legal to purchase Bitcoin for someone else and will I be stuck holding the tax bill?

    Posted: 04 Feb 2019 07:42 AM PST

    Hi,

    A week ago, I started working as a Virtual Assistant (this was my first time working as a VA) for a gentleman who owns a side business in addition to his regular job. He told me that he would assign certain tasks to me to determine my trustworthiness. I wasn't offended as we are strangers on the internet. He opened a virtual account through his bank in my name and asked me to do an external transfer from that account to my personal bank account.

    I did and the money (5,000.00) went through. He asked me to drive to my bank and withdraw 4800.00 and drive to the nearest Bitcoin ATM (never knew they existed) and buy first 2500 bitcoin, then in a separate transaction buy 2800.00. For some reason, it only accepted another 500.00 ( I learned later it was because I initially selected the 1k-3k option, so 500.00 took me to the limit).

    I drove to another Bitcoin ATM and managed to buy another 1800.00. I took photos of each transaction and receipts of the transaction were sent to my email. I have only corresponded with my "boss" via Skype chat. He asked me to do another Bitcoin transaction on Saturday. The transfer should be completed by Friday. Additionally, he asked me to drive to Walmart to buy Google Play and Playstation GCs. I was to scratch them off and take photos of the code and send him the GCs via USPS.

    However, yesterday (Sunday) I decided to do what I should have in the beginning to see if everything was on the up and up. I began to wonder if what I had done was legal. I started by copying our entire conversation on Skype.

    Next, I learned that there is a tax implication for capital gains. I skyped with the guy today to tell him that he must assure me that he will pay any taxes associated with the transaction and he agreed. But I know he can disappear if he really wants to. I had to scan my driver's license to do the transaction, so there's no way they can tie the purchase to him except possibly via his QR Code which he sent to me to use for the transaction.

    I had made up my mind to tell him that I wasn't going to do any more Bitcoin transactions because it wasn't sitting right with me. I would rather do the data entry work and that's it. If he wanted to end our contract because of it, I understood. Honestly, I had no intention of working with him one minute after starting our skype conversation this morning.

    I told him that I wanted to do a Video chat. We've never had one. He said that he had Business Skype and that video calls were limited. Now, obviously, this guy believes that I am an idiot. If anything he can make unlimited video calls as a business client. He's a liar. I know that I was naive and stupid to do this now. I just want to be sure that this will not come back to haunt me and I will be stuck with this tax bill.

    He's now demanding that when I receive the money that I send it back immediately. That was my intention in the first place. Curiously, he doesn't trust ME. He said as soon as he receives proof that it has returned, then he will pay me for my hours worked, miles driven and unfortunately, the 50.00 that I used to buy another Google Play card for him on Sunday. UGH! Also, there's no guarantee that he will pay me after he receives the money.

    I will admit that I didn't do my due diligence because I was so excited to get this job after having been let go from my previous employer in November after 18.5 years. Please don't hammer me on my stupidity. I just need guidance on where to go from here. How do I protect myself? I may have missed some important details, please feel free to ask whatever. I hope this all makes sense. I'm upset and may be babbling.

    Thank you!

    submitted by /u/praguegirl
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    (TX) My best friend (30M) was recently in a motorcycle accident and suffered Brian damage and is in a coma. His wife (30F) of 11 years has come across problem after problem trying to sort out things like insurance and vehicles for him.

    Posted: 04 Feb 2019 12:53 PM PST

    So my friends wife (we will refer to her as K)needs to get legal and financial things sorted out in order to continue to take care of my best friend (we will refer to him as J) and their 2 children.

    The motorcycle was totaled and insurance will not pay it off unless J signs the paperwork on it, which he is mentally and physically incapable of doing. K was told by insurance that she has to have power of attorney over J in order to sign for him, however the court is also telling K that J has to sign paperwork to give her power of attorney, which still, he is incapable of doing.

    J was the primary source of income for their family and K does not have the financial stability to hire an attorney, which is what the person at the courthouse recommended she do.

    K also needs to sell J's vehicles, a new truck with $36,000 still owed and an ATV with $12,000 still owed, in order to lighten her monthly overhead bills. K was told she can't do that either without either J signing paperwork or K having power of attorney to do so. Both of their names are on the paperwork for the truck and the ATV but they would both have to sign in order to sell them.

    I am personally not very familiar with legal BS but I would think that K has automatic power of attorney over J's assets given the situation and because they're married.

    I am doing everything I can to help J and K and would really appreciate some advice that I could send her way. Thanks in advance.

    TL;DR- my best friend suffered serious head trauma and is in a coma. His wife needs to sort out legal and financial stuff but needs power of attorney to do so and can't get power of attorney unless my friend signs paperwork allowing for that which he can't do given his current health status.

    submitted by /u/__REDCORN__
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    [SC] Boss wants me to sign paper saying that she can/will take money out of our paychecks if she catches us on our phones.

    Posted: 04 Feb 2019 08:56 AM PST

    I work at a privately owned daycare in South Carolina. My boss told us that we all have to sign a paper saying that she will be taking money out of our checks every time she catches us on our phone.

    Is this legal?

    Can she fire us for not signing it?

    submitted by /u/hotmama1230
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    [Dublin, Ireland] My future employer wants to own software that I make in my spare time. Is it enforceable?

    Posted: 04 Feb 2019 01:20 AM PST

    I've got a very good job offer from a huge multi-national company that basically does a little bit of everything, to work in the Dublin office of said company.

    Also, I'm not a citizen of Ireland, my home country is Russia if that matters.

    The contract basically says that they own copyright to all work (that relates to them or that they are able to use commercially, which is nearly everything, considering their huge scope) I make during the employment, even if this work was made in my spare time and on my own resources.

    Here's a screenshot of this statement: http://0x0.st/zsSW.png

    Is this clause enforceable in Ireland?

    submitted by /u/ImportantContext
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